Are "T" marks determinative of ownership on plans and conveyances?

Many landowners assume that the existence of T marks on a conveyance or Land Registry plan is the final word on ownership, but that is not correct.

The case Lanfear v Chandler [2013] EWCA Civ 1497 concerned the construction of a car port by Mrs Chandler on a disputed strip of land between two houses on a 1970s development.

The boundary was marked on the conveyance plan by a fence, and a "T" mark indicated the property belonged to Mrs Chandler. The position on the ground, however, countered this indication and in the conveyance itself the only reference to T mark was in relation to a repairing covenant in respect of the fence. The County Court judge found against Mrs Chandler.

On appeal this decision was upheld. Mrs Chandler argued the conveyance was conclusive on the issue, because of the wording of the conveyance and the fact that the plan was not marked for identification purposes only. It was submitted that "T" marks are well known indicators of boundary ownership.

The appeal court stated "whether it is determinative of the boundary depends upon balancing it against the other relevant terms of the conveyance and the features of the plan coupled, when appropriate, with evidence of the position on the ground. The task of the court is to decide by reference to all these elements how the conveyance or transfer should be construed. All are relevant but none is necessarily conclusive." The court rejected the assertion that T marks give rise to a presumption, even a rebuttable one, as to the ownership of the boundary feature and indicate the boundary.